Ali (as personal representative of the late Mehboob Mohamed Abdul Gafoor Mohamed Mullah also known as Mehboob Mohamed Abdulgafoor and Mehboob Mullah) v Vescon Properties Limited & another
The bottom line
#Kenya's Court of Appeal refused to extend time to appeal because the applicant couldn't explain a two-year delay or blame her lawyer entirely.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of over two years in seeking to appeal the dismissal of the suit was adequately explained
The delay was not explained; the applicant's misstep in seeking reinstatement instead of appealing, and her inactivity thereafter, did not justify extension of time
The court traced the chronology: dismissal on 1 November 2018; reinstatement application dismissed 28 November 2019 with leave to appeal granted but not exercised; a further extension application dismissed 16 November 2020; the present application filed 19 January 2021. No explanation was offered for the inactivity of over one year, nor for the two-month delay in filing the present application.
Whether blame can be placed solely on the applicant's former advocates
No; the client has a duty to pursue the matter and must bear the consequences of an agent's inaction
Relying on Rajesh Rughani and Bains Construction, the court held that accusing an advocate of inaction is not an excusable mistake meriting sympathy, and a principal who vests authority in an agent who fails to perform must bear the consequences.
Legal principles established
#- Extension of time is an equitable remedy, not a right; the applicant bears the burden of explaining delay to the satisfaction of the court
- A client cannot simply heap all blame on an advocate for delay; the client has a duty to follow up on the matter
Court orders
#- 1.The application dated 14th December 2020 and lodged on 19th January 2021 is dismissed with costs to the 1st respondent only
- On appeal from
- Environment and Land Court at Mombasa
- ELC Case No. 171 of 2014
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ali (as personal representative of the late Mehboob Mohamed Abdul Gafoor Mohamed Mullah also known as Mehboob Mohamed Abdulgafoor and Mehboob Mullah) v Vescon Properties Limited & another", Case Analysis (2022). Civil Application 6 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/988/eng@2022-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.